The prosecutor's appeal is dismissed.

Summary of Reasons for appeal

A. In determining whether an indecent act constitutes an indecent act that causes a sense of sexual humiliation or aversion, there is an essential difference depending on the parts of the body of the person who made the judgment of the court below in determining whether the act constitutes an indecent act that causes a sense of sexual humiliation or aversion.

shall not be deemed to exist.

The defendant's words written in the facts charged to C and repeated acts of repeatedly dealing with his/her hand constitute indecent acts.

B. The sentence of the lower court is too minor.

2. Determination

A. In light of the following circumstances acknowledged by the evidence examined in the lower court’s judgment on the grounds of innocence, which was revealed by the lower court’s determination as to factual misunderstanding and misapprehension of the legal doctrine, it is difficult for the Defendant’s behavior as stated in the facts charged constituted a forced indecent act.

The Defendant, under the influence of alcohol at the time of the instant case, was pregnant not only to C but also to D who is male.

"A woman who is also a woman," and is pregnant for three months.

“A” et al. was engaged in brutal expressions and actions, such as seeing the horses and seeing them.

C In the investigative agency, "(at the outside of the restaurant after the defendant was on his own will) the defendant entered the inside of the investigative agency and went to the defendant.

Defendant kn't kn't kn's kn't and kn't kn't kn't kn't kn't kn't kn't,

was said to mean “.....”

In full view of the circumstances at the time of the instant case, the Defendant seems to have committed an act as stated in the facts charged against C in the process of protesting against the Defendant, who had shown the behavior that C had been under the influence of alcohol, first of all, and dividing talks.

Considering the background leading up to the act, the situation at the time of the defendant's person, the attitude of the act, and the awareness of C, the act of the defendant is considered as an act that causes general sense of sexual humiliation or aversion and infringes upon C's sexual freedom.